We just had another victory! Our client had an old drug possession conviction but successfully completed probation. The client who had been a permanent resident in the U.S. for over 20 years was put in removal proceedings merely because of a 15 year old drug offense. Because this was our client's only drug offense and the drug offense was for possession, not trafficking, an expungement pursuant to P.C. 1203.4 eliminates the conviction of any drug possession plea entered on or before July 14, 2011.
For any drug possession plea after July 14, 2011, a dismissal pursuant to P.C. 1203.4 won't eliminate the conviction for immigration purposes. But under new AB 1352, effective 1/1/16, if the plea was pursuant to Deferred Entry of Judgment and the defendant successfully completed the program and had their case dismissed, then the new law allows withdrawal of the plea based on "misinformation." A motion has to be filed with the Court to obtain withdrawal of plea.
Immigration law is complicated. We are experts in immigration law, especially the adverse immigration consequences of criminal convictions. We know what your rights and remedies are. Contact us for a consult.